I live in a local justice area that now includes a much wider
spread of courts, and their old areas, than the court I was appointed to.
One of my colleagues looked at a defendant’s bail conditions, not
to go to a specific postal area, and said to us “That’s not possible. I know the road in question. It’s a cul de sac and, to get out, they would
have to cross open fields or go into the area their bail condition doesn't
allow.” Who would have set this? Those like me who don’t know the area in
question.
What price local justice?
I don't understand. What road were they referring to? Did the bail conditions explicitly allow access to the cul-de-sac but not the surrounding area? Or did they live in the cul-de-sac?
ReplyDeleteMy postal address is xx19 2EY and consists of 8 households. I can only access it through XX19 2EL a postal address with close on 90 households. If I was excluded from XX19 2EL I would be in breach of my bail conditions every time I left home.
DeleteIt is not our job to have intimate knowledge of an area.
ReplyDeleteThis is the responsibility of the defence lawyer or the defendant to point out that the bail conditions are unworkable.
Our job is to make a decision on the facts presented not on local knowledge.
Sometimes good local knowledge can be useful - especially in providing a good mental picture of the site the event under examination, or in evaluating the testimony of crown and defence witnesses. As Phil says, though, it is for the defence (and in these days of overworked Duty Solicitors and paltry legal aid) to ensure that the conditions set are workable
ReplyDeleteMoney is tight, but a local map with postcode boundaries in every retiring room should be doable.
ReplyDeleteI'm just pleased we sometimes have a fines list and a surcharges list on our bench. A local map? No chance.
DeleteGoogle Maps, anyone?!
DeleteA daily country walk might have done him some good. Or would that violate his human rights?
ReplyDelete